CIVIL LITIGATION PROCESS

Transcription

1 CIVBUS(PR) JUNE 2013 EXAMINATION DATE: 3 JUNE 2013 TIME: 09H00 11H00 TOTAL: 100 MARKS DURATION: 2 HOURS PASS MARK: 40% (LP-004) THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS OF: (i) 10 MULTIPLE-CHOICE QUESTIONS (10 MARKS) (ii) 5 TRUE OR FALSE QUESTIONS (10 MARKS) (iii) 10 MATCHING-STATEMENT QUESTIONS (10 MARKS) SECTION B: SECTION C: SECTION D: CONSISTS OF 3 SHORT QUESTIONS CONSISTS OF 3 LONG ANSWER QUESTIONS CONSISTS OF 3 INTERPRETATIVE QUESTIONS ANSWER ANY ONE OF THE QUESTIONS (10 MARKS) (40 MARKS) (20 MARKS) INSTRUCTIONS: 1. Read the following instructions carefully before answering the paper, as failure to act upon them will result in a loss of marks. 2. Write your answers in your answer book, which is provided in the exam. 3. Ensure that your name and student number are clearly indicated on your answer book. 4. Write your answers in either blue or black ink in your answer book. 5. Read each question very carefully before you answer it and number your answers exactly as the questions are numbered. 6. Begin with the question for which you think you will get the best marks. 7. Note the mark allocations for each question give enough facts to earn the marks allocated. Don't waste time by giving more information than required. 8. You are welcome to use diagrams to illustrate your answers. 9. Please write neatly we cannot mark illegible handwriting. 10. Any student caught cheating will have his or her examination paper and notes confiscated. The College will take disciplinary measures to protect the integrity of these examinations. 11. If there is something wrong with or missing from your exam paper or your answer book, please inform your invigilator immediately. If you do not inform your invigilator about a problem, the College will not be able to rectify it afterwards, and your marks cannot be adjusted to allow for the problem. 12. This paper may be removed from the examination hall after the examination has taken place. DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 1 OF 7

2 SECTION A (30 MARKS) (i) MULTIPLE-CHOICE QUESTIONS Choose the correct option for each of the following. Write only the question number and your chosen answer. For instance, if you think that the correct answer for number 1 is, then write it as 'Jurisdiction' refers to competency. the judge's the court's the attorney's the plaintiff's 2. In the Magistrates Court Act where it refers to jurisdiction of the court with respect to persons, the word 'person' includes: the judge. the state. the registrar. the magistrate. 3. Which of the following factors influences jurisdiction of the courts in general? geography convenience complexity speed and urgency 4. Section 46 of the Magistrates Court Act 32 of 1944 deals with: causes of action. abandonment of a portion of a claim. matters beyond jurisdiction. deduction of an admitted debt. 5. A plaintiff may abandon part of his claim if the claim is above: R R R R A lessee may consent to jurisdiction of the Magistrates Court in an action for ejectment, even if the amount exceeds: R R R R DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 2 OF 7

3 7. The Supreme Court of Appeal is in: Pretoria. Bloemfontein. Kimberley. Cape Town. 8. In the Magistrates Court an application for judgement by default is submitted to: a judge. the registrar. the clerk of the court. the magistrate. 9. The court usually awards costs on: a party party scale. an attorney own client scale. an attorney client scale. de boniis propriis. 10. Summary judgement may be granted on documents. old issued liquid served [10] (ii) TRUE OR FALSE QUESTIONS Indicate whether the following statements are True or False. Motivate all your answers. 1. Geographical jurisdiction has to do with the cause of action. 2. The term 'action' does not include claim in reconvention. 3. Where an attorney consults three times with a client, the court may or may not award that party costs for all three of the consultations. 4. Applications are sometimes referred to as Notices of Motion. 5. The Magistrates Courts are bound by decisions given by the High Court. [5 2 = 10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 3 OF 7

4 (iii) MATCHING-STATEMENT QUESTIONS Match the statements in Column B to the statements in Column A. Write down the answers only, for example 1.. Column A Column B 1. Superior Court district where cause of action arose 2. cause of action district where person is employed 3. geographical jurisdiction clerk of the court 4. jurisdiction in respect of persons debtor in breach 5. High Court (e) registrar 6. audi alterem partem (f) amendment 7. in mora (g) Constitutional Court 8. rule 55 (h) hear the other side 9. official of the High Court (i) inherent jurisdiction 10. official of the Magistrates Court (j) money lent and advanced [10] [30] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 4 OF 7

5 SECTION B: SHORT QUESTIONS (10 MARKS) QUESTION 1 Complete the following: To obtain summary judgement the plaintiff has to be of the opinion that [2] QUESTION 2 Define 'cause of action'. [4] QUESTION 3 Name the three tiers of courts in South Africa. (3) Define 'execution'. (1) [4] [10] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 5 OF 7

6 SECTION C: LONG ANSWER QUESTIONS (40 MARKS) QUESTION 1 List five examples of causes of action. [5 2 = 10] QUESTION 2 Identify five factors you would take into consideration before deciding to approach a Magistrates Court or the High Court. [5 2 = 10] QUESTION 3 Outline the types of cases the court may not hear in terms of Section 46 of the Magistrates Court Act 32 of (10) List the details that should be contained in a letter of demand. (5 2 = 10) [20] [40] DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 6 OF 7

7 SECTION D: INTERPRETATIVE QUESTIONS (20 MARKS) ANSWER ANY ONE OF THE QUESTIONS QUESTION 1 Discuss medical examinations and file preparation as they relate to preparation for trial, where damages are claimed as a result of bodily injury. [20] OR QUESTION 2 Discuss provisional sentence, how it assists a creditor, and explain how is it obtained. [20] OR QUESTION 3 Discuss application proceedings in the High Court, making sure to refer to the different kinds of interdicts which may be obtained thereby. [20] [20] Section A: 30 marks Section B: 10 marks Section C: 40 marks Section D: 20 marks TOTAL: 100 MARKS DAMELIN CORRESPONDENCE COLLEGE JUNE 2013 PAGE 7 OF 7